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(영문) 인천지방법원 2019.06.25 2018구단50649

근로자직업능력개발법 등 위반에 대한 행정

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

가. 원고는 자동차정비업을 목적으로 1999. 1. 29. 설립된 회사로, 2015. 11. 18. 한국산업인력공단(이하 ‘공단’이라 한다)과 사이에 ‘공단은 일학습병행 프로그램 운영 및 훈련비용 지원 등을 하고, 원고는 일학습병행제에 참여할 학습근로자를 모집ㆍ채용하여 학습근로자에게 훈련실시 및 근로환경제공 등을 하기’로 하는 일학습병행제 사업 및 훈련실시에 관한 약정을 하고, 2016. 1. 20. 공단으로부터 ‘자동차정비기술자(자동차정비사 L2, 고교수준) 일학습병행제 훈련과정(실시기간 2016. 3. 19. ∽ 2017. 3. 18.)’을 인정받았다.

B. On March 19, 2016, the Plaintiff selected four workers of the Plaintiff as learning workers, and reported that the Plaintiff conducted the above training from March 19, 2016, and received a total of KRW 23,426,440 by claiming subsidies, such as training expenses.

C. On August 16, 2017, the Corporation requested a guidance and inspection to the Defendant on August 16, 2017, that the study workers C of the “B” (the Plaintiff Company and the representative director of the Plaintiff Company are the same as the one conducting the daily education and training system) are two or more different training courses.

Around September 2017, the Defendant confirmed the circumstances suspected of illegal training as a result of the guidance and inspection, and confirmed that “the Plaintiff’s study workers performed the general maintenance work during the on-site training hours, contrary to the description of the training site and the attendance site,” during the process of expanding the investigation into illegal receipt of other daily education-related parallel training conducted companies.”

On February 20, 2018, the Defendant: (a) obtained prior notice of administrative dispositions and guidance to submit opinions on February 20, 2018; and (b) obtained the payment of training expenses from the Plaintiff on March 22, 2018, by applying Articles 24, 55, and 56 of the Workers’ Vocational Skills Development Act, on the ground that “the payment of training expenses is made by falsely preparing and submitting a false fact that the Plaintiff failed to conduct on-site training (OJT).”